Terms of Service

These Terms of Service (the "Terms") constitute a binding legal agreement between you and Kaasb Technology LLC ("Kaasb", "we", "our", "us") governing your use of the Kaasb Platform located at kaasb.com and all associated services, applications, and application-programming interfaces (together, the "Platform").

By creating an account, clicking "I agree", or continuing to use the Platform after the effective date, you expressly accept these Terms in electronic form. You acknowledge that an electronic acceptance has the same legal effect as a handwritten signature under the Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.

If you do not agree with any part of these Terms, you must not create an account or otherwise use the Platform.

• Buyer (Client) — a registered User who posts a Project, places an Order on a Service, or otherwise engages a Seller.
• Seller (Freelancer) — a registered User who offers services, publishes Services, or submits Proposals.
• Service — a packaged service offered by a Seller at a stated price, in one or more Packages.
• Project — a fixed-scope engagement posted by a Buyer inviting Proposals from Sellers. (Formerly "Job"; the term "Project" is used throughout these Terms and on the Platform.)
• Order — a purchase of a Service by a Buyer.
• Proposal — a Seller's offer to perform a Project.
• Contract — the engagement formed after a Proposal is accepted, which may include Milestones.
• Changed in 1.7

  Escrow — the way the Platform holds a Buyer's payment for an Order or Milestone until it is released to the Seller or refunded to the Buyer under these Terms. Kaasb receives payments as the Seller's limited agent for collecting payment: a Buyer's payment to Kaasb counts as payment to the Seller. Payments are held in Kaasb's merchant accounts with the licensed payment providers named at checkout. Escrow is not a bank deposit, a trust or a stored-value account, earns no interest, and can only be released to the Seller or refunded to the Buyer.
• Changed in 1.7

  Clearing — the period after Escrow funded by a card payment is released, during which the released amount shows in the Seller's balance but cannot yet be withdrawn (Section 9.7).
• Changed in 1.7

  Chargeback — the reversal of a card payment by the Buyer's bank at the cardholder's request, made outside the Platform.
• Platform Fee — the commission Kaasb charges, as defined in Section 9.

Where Kaasb acts as a mediator or decides a dispute under Section 11, it does so in a neutral administrative capacity and not as an arbitrator or court.

• Describe your requirements accurately, completely, and in good faith.
• Fund Escrow in full before work begins and respond promptly to requirement questions.
• Communicate respectfully and exclusively through the Platform; do not solicit off-Platform contact or payment.
• Review deliveries and respond within the revision or acceptance window.
• Leave honest, non-coerced reviews.
• Comply with all applicable Iraqi laws, including tax and intellectual-property laws, in connection with work you commission.

• Offer only services you are qualified and legally permitted to perform.
• Describe Services, pricing, timelines, and revision policies accurately.
• Deliver work that conforms to the agreed scope and within the agreed time.
• Respond to Buyers within the response-time expectations associated with your Seller Level.
• Not engage in plagiarism, infringement, or substitution of low-quality work.
• Comply with tax-declaration obligations under Iraqi law for income received through the Platform.

In addition to Services, Buyers may post Projects inviting Proposals. A Contract is formed when the Buyer accepts a Proposal. Contracts may include Milestones; each Milestone must be funded to Escrow and is released upon Buyer approval. The Seller may request payment only for Milestones that are fully funded.

Refund eligibility, timelines, procedure, and allocation of transaction fees are governed by the separate Refund Policy, which forms an integral part of these Terms. Approved refunds are returned to the payment method that was charged: the Buyer's Zain Cash wallet for a Zain Cash payment, or the same card for a Visa, Mastercard or Qi Card payment. Where the gateway offers a refund interface, Kaasb uses it. Otherwise, or where the gateway refuses the refund or its refund window has passed, the refund is sent by manual transfer to the same wallet or card and recorded with its transfer reference. A refund is never sent to a person other than the one who paid. The Refund Policy timelines apply in every case. [Changed in 1.7]

Either party may raise a dispute regarding an Order at any time while Escrow is in the funded or delivered state, and in any event before the Order is completed or auto-completed. When a dispute is raised, Escrow is frozen until the dispute is resolved.

The procedure is:

1. Direct negotiation between the parties, in good faith, through the Platform's order conversation.
2. If unresolved within a reasonable period, a Kaasb administrator reviews the order, deliverables, messages, and evidence.
3. The administrator decides whether Escrow is released, refunded, or split between the parties.
4. If either party is dissatisfied with the administrative decision, the party may pursue remedies before the competent Iraqi court under Section 22.

Administrative decisions are made in a neutral, good-faith capacity on the basis of the information available, and are not arbitration awards.

You must not, and must not attempt to:

• Off-Platform solicitation. Solicit, request, offer, or share contact information (phone numbers, email addresses, social-media handles, external messaging-app identifiers, payment details) in order to move the transaction off the Platform.
• Fee circumvention. Agree to, suggest, or facilitate any arrangement designed to avoid the Platform Fee.
• Misuse of the Projects surface. Publish a Project in order to advertise a Service you offer, your profile, or your prices. Projects are for Buyers seeking to hire a Seller. A Project that reads as a Service offering is withheld from the public feed pending review and may be closed; the Seller is directed to publish it as a Service instead. A first occurrence carries no penalty.
• Fraud & misrepresentation. Post false, misleading, plagiarised, or AI-generated content passed off as original human work in breach of Service description.
• Harassment. Harass, threaten, defame, or sexually solicit any User or Kaasb employee.
• Unlawful content. Offer or request services or content that are unlawful in Iraq, infringe intellectual property, or violate third-party rights.
• Account abuse. Create multiple accounts, buy or sell accounts, manipulate reviews or rankings, or share an account with others.
• Interference. Upload malicious code, probe infrastructure, scrape Platform data, or bypass technical access controls.
• Impersonation. Misrepresent your identity, role, qualifications, or affiliation with any person or entity.
• Sanctions evasion / AML. Use the Platform to evade international sanctions, launder proceeds of crime, or finance terrorism.

Automated detection of off-Platform solicitation or fee-circumvention attempts in messages follows a three-stage escalation. Each detection is a strike. Only strikes from the last ninety (90) days count, and a strike that a Kaasb administrator reviews and dismisses as a false detection stops counting:

1. First strike — the contact details are removed from the message, the rest of it is delivered, and the User receives a written warning.
2. Second strike — the message is blocked and not delivered.
3. Third strike — the message is blocked, the User's messaging is suspended for twenty-four (24) hours, and the matter is referred to Kaasb administrators for potential account suspension and forfeiture of pending payouts.

Where the same details appear in a form (a Service listing, profile, portfolio item, Project, proposal, or delivery note), the save is refused instead, and the first refused save on each form in a day does not count as a strike. A messaging suspension does not prevent the User from delivering, completing, or disputing an existing order.

Files shared in chat or attached to a proposal (PDF, Word, Excel and text files, and their file names) are scanned automatically for phone numbers and email addresses. A file that contains them is refused and counts as a strike. A file the Seller uploads as an order delivery is not scanned, so a handover may include the Buyer's own logins (Acceptable Use Policy §3).

The full anti-off-Platform rules, reporting channels, and appeal procedure are set out in the Acceptable Use Policy.

Kaasb operates a Seller Level programme (New Seller, Level 1, Level 2, Top Rated) intended to signal quality to Buyers and to unlock additional features for Sellers. Levels are recalculated periodically based on objective criteria including completed orders, average rating, on-time delivery rate, response rate, and rule violations.

Levels may be downgraded or revoked if the qualifying criteria are no longer met, if a rule violation is recorded, or if fraud is detected. A Seller may appeal a level decision by writing to support@kaasb.com within fourteen (14) days of the level change. Level status does not create any vested right or guarantee of continued benefits.

You retain ownership of the content you upload or publish on the Platform (profile copy, Service descriptions, portfolio samples, messages, reviews, and delivery files, together "User Content"). You grant Kaasb a non-exclusive, royalty-free, worldwide licence to host, reproduce, display, and adapt your User Content solely to the extent necessary to operate, promote, and improve the Platform. This licence terminates when you delete the relevant content, except where retention is required by these Terms, by law, or to preserve evidence in an open dispute.

Reviews must be honest, based on genuine experience, and posted by the party to the transaction. The following practices are prohibited and will lead to review removal and, where repeated, account action:

• Self-reviewing via any account you control or influence.
• Reciprocal-review arrangements ("I'll give you 5 stars if you give me 5 stars").
• Offering or demanding a reward (refund, discount, bonus) in exchange for a specific rating.
• Publishing defamatory, threatening, sexually explicit, or discriminatory content.
• Disclosing confidential project details contrary to a written agreement.

Kaasb may remove reviews that breach these rules. Kaasb does not edit the substantive content of reviews that comply with these rules, even if a party disagrees with them.

Kaasb may review, refuse, edit, or remove any content that it reasonably believes violates these Terms or applicable law, or that is harmful to Users or to Kaasb. Users may report content via the "Report" action on Services, Projects, profiles, and messages. Reports are reviewed within a reasonable period. A decision may be appealed by writing to support@kaasb.com.

To the maximum extent permitted by applicable law, Kaasb and its officers, employees, and contractors shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages, including lost profit, lost data, or reputational harm.
• The acts or omissions of Buyers or Sellers, or the performance or non-performance of any Contract between Users.
• Losses arising from third-party payment-processor failures, communications outages, or force-majeure events under Section 23.
• Temporary Platform unavailability due to maintenance, deployment, or technical incidents.

Kaasb's aggregate liability to you arising from or in connection with the Platform shall not exceed the greater of (a) the Platform Fees actually received by Kaasb from you in the twelve (12) months preceding the event giving rise to liability, or (b) one hundred thousand Iraqi Dinars (100,000 IQD).

Nothing in this Section limits or excludes liability that cannot be limited or excluded under mandatory Iraqi law, including liability for fraud or for harm caused intentionally or by gross negligence.

You agree to indemnify and hold harmless Kaasb and its officers, employees, and contractors against any third-party claim, liability, loss, or cost (including reasonable legal fees) arising from (a) your breach of these Terms; (b) content you upload, post, or transmit through the Platform; (c) your violation of applicable law; or (d) the services you deliver or commission through the Platform. Kaasb will notify you promptly of any such claim and may, at its option, participate in the defence.

These Terms are governed by the laws of the Republic of Iraq, without regard to conflict-of-laws principles. Any dispute arising from or in connection with these Terms that is not resolved through the procedure in Section 11 shall be submitted exclusively to the competent First Instance Court of Baghdad / Karkh. The language of proceedings shall be Arabic.

• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and Kaasb in respect of the Platform.
• Severability. If a provision is held invalid or unenforceable, the remaining provisions continue in full force and the invalid provision shall be interpreted to achieve its intended commercial purpose to the extent permitted by law.
• No waiver. A failure or delay by Kaasb to enforce a provision is not a waiver of its right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. Kaasb may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you.
• Relationship. No partnership, joint venture, agency, or employment relationship is created by these Terms.
• Electronic notices. You consent to receiving communications from Kaasb in electronic form.

We may amend these Terms from time to time. Non-material changes (clarifications, typo corrections, reformatting) are effective upon publication. Material changes — affecting fees, dispute procedures, liability, or User rights — will be notified at least thirty (30) days in advance through email and in-Platform notification. Continued use of the Platform after the effective date of a change constitutes acceptance.

Legal notices to Kaasb must be sent in writing to legal@kaasb.com. Notices by telephone are accepted only to follow up on a prior written notice.

These Terms are published in Arabic and English. In the event of any conflict, discrepancy, or ambiguity between the two versions, the Arabic version shall prevail. This precedence is a term of this document; Arabic is also the language in which Iraqi courts conduct proceedings.